>> the pledge of allegiance. >> mr. president, i would like to call roll. >> president mazzucco? >> here. >> vice president marshall? >> here. >> commissioner dejesus? >> commissioner chan? >> present. >> commissioner kingsley? >> present >> commissioner turman? >> commissioner loftus? >> here. president you have a quorum and also with us is the office of director of complaints hiks and mike baoel. >> thank you very much, inspector monroe, ladies and gentlemen, welcome to the

january, 30th, 2013 police commission meeting, we will announce after the beginning, after general public comment, we will move briefly into the closed session matter to handle two personal matters. we do that for several reasons, one, the cost of the attorneys and also... and so i think that we need to get and handle that as soon as possible. and as we move to our agenda. without further adieu, please call line item number one. >> line item one, adoption of the minutes, action, amended minutes for september 12, 201 2:singer adopted november, 28, 2012, for the meetings of november 28, december 5th and 19 of 2012. >> commissioners have the minutes in your packet, is there anything that you would like to add? >> i would like to thank them for all of the hard work on the minutes and i know that it is not easy. do we have public comment?

hearing none. dpo i have a motion. >> so motion. >> moved, all in favor >> aye. >> line item two, consent caler, receive and file action, sfpd/occ's fourth quarter status report on general orders/policy proposals. >> in your packet are the documents from the sfpd/ooc's fourth quarter status report and general orders and policy proposals. >> any comments? >> just a quick comment, i read this policy proposal and i found them to be really helpful and thoughtful and i noticed on the consent calendar so there is not a lot of discussion about it, but i do want to bring it back and actually ask where we are with the policy proposals and what the department's response to this, and i would like in the future to get response from the

proposals. in any public comment? >> hearing none, >> closed. >> do i a motion. >> so moved. >> please, call line item number three. >> three, general public comment. the public is now welcome to address the commission, regarding items that do not appear on tonight's agenda, but that are within the subject matters and jurisdiction of the commission, address to the commission as a whole and not individual commissioners or department or personnel. during public comment, neither the police or occ personnel, or commissioners are required to respond to questions presented by the public, but may provide a brief response, individual commissioners and police, and occ personnel should refrain, however, from entering into any debates or discussion during the public comment. please limit your comments to three minutes. >> public comment? >> commissioners, ray heart, san francisco, open government.

>> i appreciate if you stop my time... >> no problem. >> apparently you turned it off. >> is it on?

>> if i could get my three minutes, i would appreciate it. again, ray hartz, director of san francisco open government. one week ago officers visited my home investigating a comment based on me based on the public comments made at a library meeting. i asked for a copy of the

police report and record of the visit. when certain documents were withheld, i followed the sunshine ordinance complain and on december 5th, the case was heard and they found the department in violation for of not with the failure to respond in a timely manner and i will give you a brief explanation as to what that entails. this is the time line regarding the request. the library commission met on february second of 2012. i filed the incident report filed two days on the fourth and i was visited on the 6th. i expected and miranda another officer. on march the 14th i put in an idr following the discussion,

even though they had visited my apartment there was absolutely no record in the san francisco police department records of the visit or our conversation, although that we spoke for over 20 minutes. and so on 3-16, the initial response came back however that was due. and on 3-16 when i had not received it i filed a petition with the director, the city attorney's office, under their position as supervisor of records. and apparently, inspector miranda also misrespected to that city attorney that were there no records relating to this. i find it really odd to say at a complete police complaint is filed, an inspector and another officer are sent out to my home to talk to me about it and they keep absolutely no record of having visited me. i asked the inspector at the time, that does not sound like it is very sensable to me, what would happen if somebody filed

a complaint like this and you visited it person and failed to keep a record and then that person actually did do something. how would the department look? i think that it would look rather foolish. what is going to happen with this, it has been referred to the education out reach and training committee, and i would like to give a prediction here on the public record. first i predict one of the first thing that nobody will show up. they will just ignore it like this department likes to do when called to the carpet. second, they might send sergeant goss again, which i explained to you the last time i was here. and if he as arrogant and hostile to the members of that, it will probably get the same result to give the task force and send it back to the full task force with the recommendation that it be referred to the ethics commission who has completed a review process for these complaints when they

>> good evening, commissioners, good evening. i am also here to speak on the matter of tasers. obviously very current issue, right now. i want to thank the subcommittee particular for the form that was held on the 22nd of january. where the community got a chance to voice its concerns and in particular, at that subcommittee meeting, during my presentation a few, there was a little bit of informational requests made to me and i brought with me the information requested and this is not the full amount of research that we have, and we are going to be

sending another fuller report, by e-mail to the commission, and the subcommittee as well, but i have here, documentation of taser-related deaths in california. and actually excuse me, taser-related deaths in north america that establish that the majority have occurred in california. i have a document here documenting the discriminatory that most are of hispanic or latino origin. i was requested to provide the commission any information on sheriff, san francisco sheriff and sfpd-related lawsuits and i have here articles documenting

a $385,000 sellingment in an accessive force case and this was from 2007, i believe it was. and this was a gentleman by the name of mardad. alamazafor, a 27-year-old medical student and this was a suit filed against the sfpd and the sheriff's department acting in coordination and it was actually a settlement of originally a two million dollar lawsuit. so i have documentation regarding this as well. and san francisco police officer jessy serna actually lost his job finally over this suit. i have the documentation and i would like to request that the copies be made for the commissioners specifically those on the subcommittee. >> thanks for the public comment. >> hearing none, public comment is closed. please move on to line item number seven, number six,

excuse me >> public comment on all matters pertaining to item 8 below, closed session, including public comment on vote to whether to hold item 8 in closed session. >> public comment on this? >> commissioner ray hartz, director of san francisco open government. when i came for the first time i made an objection to the same maneuver, you have 20 people in the room waiting for general comment and they stopped in the middle of an item, item number two was done and they went into four closed and stayed there for four hours and all of the members of the public left. there were a number here who walked out with me, about a dozen of them outside, making rather nasty comments about the police department and the police department because they had come and meant to talk with you folks. and yet, at the last minute, the whole thing was maneuvered

around so that they were denied their opportunity to do so. and very frankly, i think that what i have seen happen because i do watch these meetings when i don't attend them and i watch you maneuver the agenda around so if there are a lot of people here to make public comment you come in the last minute and say that we are going to move this over here and this over here, and as a result, the bottom line is people don't get it. so i had another item that i was going to talk on the next agenda item, but now i am going to have to sit in the hall and wait for an indeterminate period of time to have the opportunity to do so. everybody always complains about your time, your effort and your energy. what they fail to take into account is that members of the public rely on these agendas to decide whether or not to come here to speak to you. and they have to... they have other lives, and they have to make arrangements for their children, to pick them up after school and have them taken care

of with their job or whatever and they do that based on the agenda that you put out 72 hours in advance. in you come in every time and you do it almost every time. you come in and you rearrange the agenda. like right now you are going to go into closed session for some period of time, and if i asked you what it was you will go, i don't know. and so members of the public who come here to talk to you get the message very clearly, very quickly that even though you mouthed the words, we would like the public input, you really don't mean it because what you do in actuality, is rearrange things so that they are denied that opportunity. so if you going to do that, at least don't be hypocritical and say how much that we enjoy and appreciate public participation. because if you did, you would not do things like that this.

>> i don't order thaterly respond, because regardless of what people say, all input on the issues not only the public comment here but also the public comment by e-mail and often times even when i get home from my neighbors in my driveway. i will say, that it is not often as a heard mentioned a moment ago that we shift around the shift around the agenda, yes we do change the agenda from time-to-time because of issues that come up. and because it is important for us to be nimble and be able to address concerns and things that come up in an efficient manner we do change the order of things. to the extent that that is troubling to anyone, it is not personal, but i certainly apologize for it. but, there are personnel matters that have carried over that we need to address right away. and president mazzucco made

that plain, no one is trying to not listen to the members of the public. we are members of the public and we have sat and listened and our time is... we sit up here and listen to the things you say, because they are important. even when you unnecessarily berate and attack us for trying to be efficient. so to the extent that this is troubling to anybody, i apologize and this has to be done in this manner and we will try and minimize this in the future. >> amen. >> just for the record as i stated earlier, it is perfectly appropriate to move something on the agenda so long as you announce at the beginning of the meeting which we did do. as the commissioner said we do not always move things around on the agenda, and the reasons for that while we moved this is there are several reasons including the city attorney involved is ill, we have a replacement there is a flu bug

going on and the cost and everything of the matter that has been continued. mr. hartz you do not run this agenda the commission does. >> you are out of order, mr. hartz. >>... i could not even speak. >> thank you for the public comment for the public session. hearing none. call the next item. >> the vote on whether to hold item eight in closed session. >> do i have a move? >> i move. >> second. >> all if favor? >> aye. >> thank you >> mr. president we are back in session and you have a forum. >> please call, and removing one of the agendas off the agenda for next week, and that

is the officer involved shooting investigation, process. and that is being moved to next week's agenda, and without further adieu? >> yeah, again, just to i know that in the interest of time and i want to get to the presentations that are ahead. the department as we closed january, again, that i think, captain is here shs the numbers that i gave you last year that the department did handle somewhere between one million and a million and three calls for service, arrested about 25,000, or so which is dramatically down as i spoke to, you know, with the alternatives to incarceration and again, even though the staffing is reduced, 15 percent for the calls are still getting done and violent crime is still relatively flat, gun violence was down about 3 percent and we hope to build up on that again this year. the last couple of weeks, thank you to commissioner loftus.

we did graduate last week and we have good reporteds of the first week on the streets and they will find out how the first, hopefully post super bowl celebration on sunday night come messing at about 7:00, we hope. planning on the super bowl is in earnest and we think that we have a good plan and we have been doing a lot of public messaging that everybody should celebrate uponsibly. i will say that there will be zero tolerance for the public consumption of alcohol, we have a class time and we will have another world champion and i think that we can demonstrate for the rest of the country how to do it right >> we did the chinese new year public safety kick off today.

at the gates to china town and we will put out a campaign against the asian bag scams that we worked closely with the da's office, asian poa and project safe, chief beal was critical in putting that together, we got about 3,000 bags, that have, that reduced the bag scams in hong kong by about 80 percent. and we are hoping to have similar luck here so nobody else gets cheated. and very quickly, there has been a lot of press today about a search warrant that was issued and served yesterday, i am going over a cold case the kevin collins case from 84 and, the first one that was put on the milk car ton and we had good information that was developed and working with the f.b.i. we got a search warrant and the serve in alamena county allowed us to borrow two of the

cadaver dogs, the dogs hit, both of them inside of the premise, and there was excavation done and bones found. and it appears that they are the bones of an animal. and the investigation goes and continues, there are more interviews to be done before we put out any picture id of a person of interest and we have strong suspicion to believe that we are on the right track as far as figuring this thing out. sadly, it may have been too late and the person of interest has been dead since 2008 but nonetheless it might get the family closure if we can figure it out. we will not quit and we will find out what happened. >> that is going to conclude my report and i am going to now pass it over to. the fourth quarter fdrb

recommendations. >> i'm curious as to why item number 9 was not handled on the vote. >> you can do it after. >> excuse me.

president mazzucco, commissioners, chief, sir. my name is sergeant john kuto and i am with the (inaudible) division, the officer-involved shooting team and i am here to present the fourth quarter 2012, officer-involved shooting investigations and the fdrb. >> fire discharge review board, the fdrb, the fourth quarter was convened on december 20th, 2012 at which time one case was presented and an officer-involved shooting 11-002. it consisted of the voting members deputy chief tom yoko was the member of the administration, and deputily chief dudly, scmit, and stint and other voting members.

commissioner loftus represented the police commission and captain mcekern at the time the captain was present as was sergeant chan. >> the case reviewed was the oif that occurred at 65 beuna, vista east just to summarize quickly, in that instance plain clothes officers that had conducted prior surveillance of a vehicle associated with a couple of bank robberis in southern california, returned to the area after conducting some other investigations. when they returned to the area, they were, they met with the vehicle was occupied and they were met with an occupied vehicle and at which time they stopped the other car and engaged the vehicle.

the suspect ignored the commands of the officers to stop to get out of his car to show his hands. he reversed the car and headed in the direction of the police vehicle. the officers there were three of them and they had split triangle and one officer became pinned sbaoen two vehicles and another officer retreated and backed up until his path was blocked. two of the officers at that point opened fire and the suspect was mortally injured. in that case, the finding was that it was in policy. the officers have acted in defense of themselves and in defense of others. so, the fourth quarter summary of officer-involved shooting investigations, as of this point there is 12 open investigations. 1102 is now closed having presented the fdrb, the summary letter that i believe that you have that was submitted.

1103 is still in the criminal investigation phase. that has not been closed and still awaiting the declination letter. 1104 we did receive the declination letter and that will be schedule some time in march. >> the remaining oises, 1105, 1106, 1107, 1108, are all awaiting a declination decision during that process. 12-001 which dates back to may of last year, 12-002, 003, 004, 005, 006 are still earlier in the criminal investigation phase. so those are all still open and active investigation on the criminal side. once they are closed we will be able to finalize it and present those to you. >> so, just the milestone and just kind of touched on these. the bigger milestones for the

ois cases will be 1102 which was closed as a result of the final fdrb convention. and 1104, we did receive the letter from the da, declining to press charges with the officer and the homicide investigation has been closed and the report has been received and we will be able to present that to the next fdrb. and so again, 12 open cases and 11 in the criminal investigation phase and no new ioses since the last report. any questions? >> thank you, inspector prudo, sergeant, don't tell your brother that i do that. when i came to the commission there were three and four years backlog on the cases thank you for the hard work and your team's hard work. and we are going to have a presentation next week regarding the whole process of the investigation of the officer-involved shootings, the part of the process before it can actually be closed reported as you saw is that the da's

office has to do a declination and the district attorney office investigates alongside of the police department and the occ whether or not there is proper conduct, or whether or not there is criminal conduct. and so, essentially you have to go and lock step and wait for that determination which actually holds up some of our final determinations. there is no fault of the department and it can be no fault of the district attorney's office because they do a very thorough investigation, so if there are any questions regarding i want to make that clear, commissioners? anything further? >> thank you for preparing this presentation and also for being willing to move the presentation involving the officer involved shooting process to next week, sorry to inconvenience you on two wednesday nights in a row. i want to ask you about 11-002 and i wanted to know if there is any indication that this individual, the suspect had mental health. the reason for that is that we star those for the records and i wonder if it needs a star by it. if there